HomeMy WebLinkAboutOCFA - Orange County Fire Authority - 2011-01-18ADDENDUM NUMBER ONE TO THE AGREEMENT REGARDING SHARING,
TREATMENT, AND NONDISCLOSURE OF CONFIDENTIAL INFORMATION
PURSUANT TO FIRE F.R.I.E.N.D.S. PROGRAM
The Orange County Fire Authority, a California Joint Powers Authority (hereinafter
referred to as "OCFA"), and Huntington Beach Fire Department, a Municipal Fire Department
(hereinafter referred to as "Agency"), entered into an Agreement regarding the sharing, treatment,
and nondisclosure of confidential information pursuant to the Fire F.R.I.E.N.D.S. Program
("Agreement") dated 01/18/2011. This Addendum to the Agreement is made and entered into this
15 day of December, 2016 (the "Effective Date") by and between the OCFA and Agency. OCFA
and Agency may be individually referred to herein as "Party," or collectively referred to herein as
"Parties." RECITALS
WHEREAS, OCFA administers a comprehensive juvenile fire -setter intervention program
called Fire F.R.I.E.N.D.S (Firesetter Regional Intervention Education Network and Delivery
System), for the purpose of providing a coordinated community response to educate, and as an
alternative to the juvenile justice system to intervene with juvenile fire -setters in order to interrupt
their fire -setting behavior, evaluate and determine the underlying causes and severity of their
behavior, and refer those with the more severe and complex behavioral problems to appropriate
education and possible mental health evaluation, all with the ultimate goal of reducing future fires;
and
WHEREAS, the Parties desire to amend the Agreement by adding Paragraph 11, OCFA
Partnership with Youth Fire Setting Information Repository and Evaluation System (YFIRES);
and
NOW, THEREFORE, the Parties hereto agree as follows:
1. The recitals to this Amended Agreement are true and correct.
2. The Agreement is reaffirmed in whole.
3. Paragraph 11 is hereby added as follows:
I'll. Part ership with Youth Fire Settin Information Re osito and
Evaluation System (YFIRES). OCFA has partnered with YFIRES, a data collection project
initiated by the International Association of Fire Fighters, the goal of which is to create a data
collection tool that will assist the OCFA, other fire services and youth fire setting intervention
programs across the United States. OCFA will share twenty (20) de -identified data elements of
each juvenile client via a secure, web -based database which is maintained by YFIRES. All other
identifiable information such as name, adress, phone numer,
that will besharedrtwLdthte, et cetera YFIRES are:
not be
shared with YFIRES. The twenty data el
(a) Gender
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(b) Race
(c) Grade in school
(d) Family type
(e) Referral to program initiated by which agency
(f) Primary care giver's highest level of education
(g) Incident day of the week
(h) Incident time
(i) Location of incident (home, park, school, et cetera)
0) Whether the youth had previous fire setting incidents (yes or no)
(k) Was the incident report entered into the National Fire Incident Reporting
System?
(i) Ignition source
(m) Involvement of associates in the incident
(n) Age at the time of incident
(o) Zip Code
(p) How many times have previous fire setting incidents occurred
(q) Incident month
(r) Incident year
(s) First item ignited
(t) Final disposition of case
Fire FRIENDS will not share the juvenile client's de -identified information with any
person or agency outside of Fire FRIENDS and YFIRES without written permission from the
parent, subpoena, or court order. Once the information is entered in the YFIRES database,
generally only the Fire FRIENDS program administrators will have access to the information. The
YFIRES project will help develop a body of information that improves the national understanding
of youth fire setting behavior."
4. Except as modified above, all terms and conditions of the Agreement, as amended by
this Addendum Number One, shall remain unchanged and in full farce and effect.
5. The persons executing this Addendum Number One on behalf of the parties hereto
warrant that they are duly authorized to execute this Addendum on behalf of said parties and that
by so executing this Addendum Number One the parties hereto are formally bound to the
provisions of this Addendum.
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IN WITNESS of this Addendum, the parties have executed this Addendum as of the date
affixed by their signatures.
ORANGE COUNTY FIRE AUTHORITY
By:
Chairman, Board of Direc r
ATTEST:
[AGENCY NAME]
By:
���'
�A
(Print Name and Title)
% By:
RIO)- r s City Clerk
She ent (Print Name and Title)
Clerk the uth rity ()
APPROVED AS TO FORM.
C I
By:
David Kendig
General Counsel
Date:
APPROVED ASJO FORM.
7E �J 4-eify Attorney
(Print Name and Title).
Date:
1195593.1
Council/Agency Meeting Held:J — —
Deferred/Continued to:
Ap oved ❑ Conditionally Approved ❑ Denied'
ty.Cl k's S§fiature
Council Meeting Date: January 18, 2011
Department ID Number: FD11 001
CITY OF HUNTINGTON BEACH
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Fred A. Wilson, City Administrator
PREPARED BY: Patrick McIntosh, Fire Chief
SUBJECT: Authorize the Mayor and Fire Chief to execute the Orange County Fire
Authority (OCFA) Fire F.R.I.E.N.D.S. (Firesetter Regional Intervention
Education Network and Delivery System) Program Agreement
Statement of Issue: The City Council is requested to authorize the Fire Chief to sign the
attached Fire F.R.I.E.N.D.S. Program Agreement with the Orange County Fire Authority.
Financial Impact: None.
Recommended Action: Motion to:
Authorize the Mayor and Fire Chief to execute the Orange County Fire Authority "Agreement
Regarding Sharing, Treatment, and Nondisclosure of Confidential Information Pursuant to
Fire F. R. I. E. N. D. S. Program."
Alternative Action(s): Do not authorize the Mayor and Fire Chief to execute the agreement
and direct staff as appropriate.
HB -149- Item 7. - 1
REQUEST FOR COUNCIL ACTION
MEETING DATE: 1/18/2011 DEPARTMENT ID NUMBER: FD 11 001
Analysis: The Fire F.R.I.E.N.D.S. _Program (Firesetter Regional Intervention Education
Network and Delivery System) was developed by the Orange County Fire Authority and
introduced in Orange County in 1999. The purpose of this program is to reduce instances of
juvenile fire setting. The program works by assisting children and families with education and
appropriate intervention to eradicate the tragic impacts of juvenile fire setting in the
community. In addition, the program provides for the sharing of confidential information
regarding juvenile fire setters between public agencies within the County.
It is estimated that children under the age of 18 start over 1,000 fires per year in Orange
County. Fire F.R.I.E.N.D.S. encompasses a countywide approach to addressing the problem
of juvenile fire setting. Member agencies include most fire departments in the county, and
the Office of the District Attorney. The program is administered by the Orange County Fire
Authority.
In order for multiple agencies to legally share confidential information regarding participants
in the Fire F.R.I.E.N.D.S. Program, each agency must be bound by the same rules protecting
the privacy of the children and their families. By authorizing the Fire Chief to sign this
agreement, the City agrees to maintain the confidentiality of all records regarding any person
involved in the program. This information includes the name, birth date, place of birth, social
security number, physical and behavioral health, child care, school, financial, and social
service information about a person.
Environmental Status: None
Strategic Plan Goal: Maintain and Enhance Public Safety
Attachment(s):
Item 7. - 2 HB -150-
1
ATTACHM-ENT
_
HB -151- (tern 7. - 3
AGREEMENT REGARDING SNARING, TREATMENT, AND
NONDISCLOSURE OF CONFIDENTIAL INFORMATION PURSUANT
TO FIRE F.R.I.E.N.D.S. PROGRAM
THIS AGREEMENT REGARDING SHARING, TREATMENT, AND
NONDISCLOSURE OF CONFIDENTIAL INFORMATION PURSUANT TO FIRE
F.R.I.E.N.D.S. PROGRAM ("Agreement") is made and entered into this fit, , 20A (the
"Effective Date"), by and between the Orange County Fire Authority, a California Joint Powers
Authority (hereinafter referred to as "OCFA") and Huntington Beach City Fire Department, a
Municipal Fire Department (hereinafter referred to as "Agency"). OCFA and Agency may be
individually referred to herein as "Party," or collectively referred to herein as "Parties."
RECITALS
WHEREAS, OCFA administers a comprehensive juvenile fire -setter intervention
program called Fire F.R.I.E.N.D.S. (Firesetter Regional Intervention Education Network and
Delivery System) (the "Program"), for the purpose of providing a coordinated community
response to educate and as an alternative to the juvenile justice system to intervene with juvenile
fire -setters in order to interrupt their fire -setting behavior, evaluate and determine the underlying
causes and severity of their behavior, and refer those with the more severe and complex
behavioral problems to appropriate education and possible mental health evaluation, all with the
ultimate goal of reducing future fires; and
WHEREAS, the Program is a successor to and continuation of the Alisa Ann Ruch Burn
Foundation Fire F.R.I.E.N.D.S. Program previously hosted and administered by the Alisa Ann
Ruch Burn Foundation ("AARBF") and in which Agency participated; and
WHEREAS, OCFA desires to make the Program available to Agency and juveniles
within Agency's jurisdiction, and Agency desires to participate in, and enroll juveniles in, the
Program; and
WHEREAS, participation in the Program requires the sharing by and between Agency
and OCFA of confidential information concerning juveniles enrolled in the Program by Agency;
and
WHEREAS, Agency and OCFA desire to form a Multidisciplinary Team pursuant to
Welfare and Institutions Code Section 830.1 for purposes of sharing such confidential juvenile
information regarding juveniles enrolled in the Program by Agency from and after the Effective
Date of this Agreement; and
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AGREEMENT
NOW THEREFORE, the parties hereto agree as follows:
1. Participation in Fire F.R.I.E.N.D.S. OCFA agrees to make the Fire F.R.I.E.N.D.S
Program available to Agency and juveniles under Agency's jurisdiction and to provide Agency
access to the Program resources, subject to reasonable terms and conditions.
2. Formation of Multidisciplinary Team. In furtherance of the Program, Agency and
OCFA agree to form a Multidisciplinary Team pursuant to Welfare and Institutions Code Section
830.1 for the purpose of disclosing and exchanging non -privileged information and writings to
and with one another relating to any incidents of juvenile crime that may also be a part of
juvenile court records or otherwise designated as confidential under state law that is generally
relevant to the prevention, identification, or control of juvenile crime. The Parties acknowledge
and agree that it is their intent in forming the Multidisciplinary Team to permit the sharing of
confidential information by and between Agency and OCFA in order to facilitate the purposes of
the Fire F.R.I.E.N.D.S. Program, including intervening with juvenile fire -setters in order to
interrupt their fire -setting behavior, evaluating and determining the underlying causes and
severity of their behavior, and referring those with the more severe and complex behavioral
problems to appropriate mental health care, all with the ultimate goal of reducing future fires.
The Parties further acknowledge and agree that it is not their intent to provide for the tracking
and sharing of confidential information with entities or agencies not parties to this Agreement for
law enforcement purposes.
3. Retention of Mental Health Professional. OCFA agrees to retain and, throughout
the term of this Agreement, to maintain the retention of, a duly licensed psychiatrist,
psychologist, and/or psychotherapist (collectively, "mental health professional") to receive and
maintain professional possession of all confidential medical information and records and to
implement the mental health component of the Program when required by law. For the purposes
of this Agreement, all mental health professionals retained by OCFA shall be the agents of
OCFA, and OCFA shall cause all such mental health professionals to be bound to comply with
the terms of this Agreement. Mental health professionals retained by OCFA shall be considered
members of the Multidisciplinary Team formed pursuant to Paragraph 2 of this Agreement.
4. Confidential Information.
(a) Each Party agrees to maintain the confidentiality of any and all records
pertaining to or containing confidential information about any person pursuant to all applicable
provisions of law and implementing regulations promulgated thereunder relating to privacy and
confidentiality, as they exist now, or as they may be amended hereafter. Confidential
information includes the name, birth date, place of birth, social security number, physical and
behavioral health, childcare, school, financial, and social service information about a person.
(b) No confidential information about a person shall be shared between
members of the staffs of Agency and OCFA without the written consent of the person and/or the
person's legal representative(s). Agency agrees to assume full responsibility for obtaining fully
739236.2
executed consent forms from each juvenile and his/her legal representative(s) authorizing the
release, use, and disclosure of confidential information and/or records to and by OCFA before
enrolling the juvenile in the Program.
(c) Except as otherwise provided for in this Agreement, OCFA agrees that it
will not share confidential information concerning any juvenile enrolled in the Program by
Agency with any other person or agency, except as otherwise required by law, without the
express written consent of Agency and/or the juvenile and/or the juvenile's legal
representative(s).
5. Term and Termination. Any Party may terminate its participation in the Program
at any time upon written notice thereof. Notwithstanding any such termination, those obligations
relating to the sharing, treatment, and/or nondisclosure of confidential information provided for
herein shall survive the termination of any Party's participation in the Program and shall
continue in effect indefinitely.
6. Relationship of Parties. It is understood that this Agreement is not intended to,
and shall not be construed to, create a relationship of agent, servant, employee, partnership, joint
venture or business association.
7. Compliance With State or Federal Requirements. Each Party to this Agreement
will continue to be individually responsible to assure compliance with all State and Federal
statutory or regulatory requirements as established, specific to programs or services
administered, managed or provided by each Party.
8. Liability. Except as otherwise expressly agreed between any of the Parties, each
Party to this Agreement shall be solely liable for the negligent or wrongful acts or omissions of
its officers, agents, employees or volunteers occurring in the performance hereof, and if a party
becomes liable for any loss or damage as a result of the acts or omissions of its officers, agents,
employees or volunteers, it shall pay such loss or damage without contribution of other Parties.
9. Entire Agreement. This Agreement constitutes the entire agreement between the
Parties hereto with respect to the subject matter hereof.
10. Counterparts. This Agreement may be executed simultaneously in one or more
counterparts, each of which shall be deemed an original, but all of which together shall constitute
one and the same instrument.
739236.2
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
on the date first above written which is the effective date.
ORANGE COUNTY FIRE AUTHORITY
By:
eith Richter, ire Chief
ATTF.CT-
APP OVED AS TO FORM.
4
By:
DAVID E. KENDIG
General Counsel
Date: 'I Z 1OZ / I0
-T
CITY OF HUNTINGTON BEACH FIRE
DEPARTMENT
• r
sec.,, -—
Patrick McIntosh, Fire Chief
City of Huntington Beach
(Print N*e and Title)
AS TO FORM.
B
y:�
739236.2